ROSEN v. GOLDBERG


28 A.D.2d 1051 (1967)

Rosalie M. Rosen, Respondent, v. Stanley M. Goldberg, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 27, 1967


GIBSON, P. J.

We find unavailing the defense that the separation agreement is void under section 5-311 of the General Obligations Law as embracing a contract to dissolve the marriage. That section was amended by section 12 of chapter 254 of the Laws of 1966 so as to add the provision: "An agreement, heretofore or hereafter made between a husband and wife, shall not be considered a contract to alter or dissolve the marriage unless it contains an express...

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